VIVAMIT User Agreement
This User Agreement ("Agreement") governs your access to and use of the website https://vivamit.com ("Website"), operated by VİVA MARKETİNG İT OPERASYON VE YÖNETİM DANIŞMANLIĞI LİMİTED ŞİRKETİ ("Company," “VIVA,” "we," "us," or "our"), a company registered in Turkey. By accessing or using the Website, you agree to be bound by this Agreement, our Privacy Policy, and our commitment to responsible, sustainable, and ethical business practices, as outlined below.
At VİVA, we strive to operate our business in a manner that reflects the core principles of Environmental, Social, and Governance (ESG) considerations. We are committed to making a positive impact on the environment, society, and governance processes, which guide our operations, customer relations, and the overall user experience on our Website. These principles are integral to our Company’s mission and operations, and we ask all users to consider their environmental, social, and governance responsibilities when engaging with us.
You must be at least 18 years old and have the legal capacity to enter into this Agreement and perform all obligations under it. By using the Website, you represent and warrant that you meet these requirements. IF YOU ARE UNDER THE AGE OF 18 OR DO NOT HAVE THE LEGAL CAPACITY TO ENTER INTO THIS AGREEMENT, YOU ARE NOT PERMITTED TO ACCESS OR USE THE WEBSITE.
In addition, by using the Website, you agree to comply with all applicable local, state, and international laws and regulations, and to respect the ethical standards of VİVA MARKİNG İT OPERASYON VE YÖNETİM DANIŞMANLIĞI LİMİTED ŞİRKETİ. We expect all users to act responsibly and in a manner that aligns with our commitment to responsible business practices.
We reserve the right to:
- A. Suspend or terminate access to the Website if a user is found to be in violation of these eligibility requirements.
- B. Take necessary action in the event of misuse, fraudulent activity, or unethical conduct, in line with our commitment to good governance and ethical business practices.
1. SERVICES
- A. International business consulting;
- B. Digital transformation strategies;
- C. Market entry and expansion support, etc.
Access to the Website and its content is provided free of charge.
The information available on the Website is for general informational purposes only and should not be considered as professional advice, an offer, or a contractual agreement.
Users are solely responsible for the accuracy, completeness, and legality of the information and documents they submit through the contact and career forms. By submitting any information, the User represents that such data does not infringe the rights of third parties, including but not limited to privacy, intellectual property, or confidentiality rights. The User confirms that they have read and understood the Privacy Policy and agree to the processing of their data in accordance with applicable law.
While we strive to ensure the accuracy and relevance of the content, the Company does not guarantee that the information on the Website is complete, reliable, or up-to-date. Users are encouraged to seek personalized advice or directly contact the Company for more specific inquiries or consultations.
BY USING THE WEBSITE, YOU ACKNOWLEDGE THAT THE INFORMATION PROVIDED DOES NOT ESTABLISH A BUSINESS RELATIONSHIP WITH THE COMPANY. ANY RELIANCE ON THE CONTENT OF THE WEBSITE FOR BUSINESS DECISIONS SHOULD BE ACCOMPANIED BY FURTHER CONSULTATION WITH THE COMPANY OR OTHER RELEVANT PROFESSIONALS.
Please note that users assume the risks associated with relying on the information provided on the Website. The Company shall not be held liable for any decisions made based on the content of the Website, and users are encouraged to independently verify the information before acting upon it.
The Company reserves the right to modify, update, or remove any content or descriptions of services at its discretion, without prior notice.
2. USER OBLIGATIONS
By using the Website, you agree to comply with all applicable laws, regulations, and legal obligations, including those of the Republic of Turkey. You shall not:
- A. Use the Website for any unlawful purpose:
You agree not to use the Website in any manner that violates any applicable local, national, or international laws or regulations.
- This includes, but is not limited to, any unlawful conduct or actions that could harm, disrupt, or interfere with the operations of the Website, or cause harm to others.
- B. Attempt to gain unauthorized access to any part of the Website:
You shall not attempt to access any portion of the Website or its systems that you are not authorized to access.
- This includes bypassing any security measures, hacking, or attempting to exploit vulnerabilities in the Website's infrastructure. Unauthorized access to the Website may lead to severe legal consequences under Turkish law.
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C. Interfere with the operation of the Website:
You agree not to disrupt, interfere with, or manipulate the proper functioning of the Website in any way.
- This includes the use of viruses, malware, denial-of-service attacks, or any other malicious activities that could cause harm to the Website, the Company, or other users. Engaging in such activities may lead to the immediate suspension of your access to the Website and further legal action.
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D. Use the Website to transmit any harmful or malicious code:
You are prohibited from transmitting or introducing any harmful or malicious software, code, or data that could compromise the security, integrity, or functionality of the Website, its systems, or the systems of its users.
- This includes, but is not limited to, viruses, worms, Trojan horses, or any other harmful software designed to cause harm to the Website, users, or related infrastructure.
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E. Engage in unauthorized commercial activities:
You agree not to use the Website for any commercial purposes without the express consent of the Company.
- This includes, but is not limited to, unsolicited advertising, spam, or solicitation of services.
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F. Infringe intellectual property rights:
You shall not infringe upon the intellectual property rights of the Company, its partners, or third parties.
- This includes, but is not limited to, unauthorized copying, reproducing, or distributing any content, trademarks, logos, or other proprietary information found on the Website.
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G. Violate protection and privacy laws:
You must comply with all relevant data protection and privacy laws when using the Website.
- This includes not collecting, using, or sharing personal data from other users without their consent, and respecting the rights of individuals under Turkish data protection laws (KVKK) and applicable international regulations (such as the GDPR).
BY USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO COMPLY WITH THE OBLIGATIONS OUTLINED ABOVE, AND THAT FAILURE TO DO SO MAY RESULT IN PENALTIES, INCLUDING TERMINATION OF YOUR ACCESS AND LEGAL CONSEQUENCES.
Failure to adhere to these obligations may result in the immediate suspension or termination of your access to the Website, as well as legal action taken against you under applicable laws. The Company reserves the right to take all necessary steps to protect its rights, including seeking legal recourse for any harm caused by violations of this Agreement.
3. INTELLECTUAL PROPERTY
All content, features, and functionality available on the Website, including but not limited to text, graphics, logos, icons, images, audio clips, video content, software, underlying code, and any other materials (collectively, "Content"),are the exclusive property of VİVA or its licensors, affiliates and are protected under applicable Turkish and international intellectual property laws.
YOU ARE GRANTED A LIMITED, NON-EXCLUSIVE, NON-TRANSFERABLE, AND REVOCABLE LICENSE TO ACCESS AND VIEW THE WEBSITE SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL USE, PROVIDED THAT YOU COMPLY FULLY WITH THIS AGREEMENT.
You are expressly prohibited from:
- A. Reproducing, copying, modifying, adapting, translating, publishing, distributing, displaying, performing, transmitting, or otherwise exploiting any part of the Website or its Content without the prior written permission of the Company;
- B. Using any trademarks, service marks, trade names, or logos appearing on the Website without prior authorization;
- C. Reverse-engineering, decompiling, or otherwise attempting to extract the source code of any software used on the Website;
- D. Framing or mirroring any part of the Website or linking to the Website in a misleading or deceptive manner.
Unauthorized use of the Website or its Content may result in civil and/or criminal liability under applicable laws, and the Company reserves the right to pursue all available legal remedies to protect its intellectual property rights.
4. PRIVACY
We are committed to protecting your personal data, upholding the principles of ESG throughout our operations, and ensuring transparency in how we process your information. Our approach to data processing goes beyond legal compliance – it reflects our dedication to responsible technology and sustainable business practices. The collection, processing, and storage of your personal data through the Website are governed by our Privacy Policy, which forms an integral part of this Agreement.
Personal data collected through forms is used strictly for the purpose of responding to inquiries or evaluating job applications, and is not shared with third parties without legal basis or the User’s explicit consent.
The Company processes personal data in accordance with the KVKK of the Republic of Turkey, and, where applicable, with relevant international frameworks such as the GDPR.
By using the Website, you acknowledge and agree that:
- A. We may collect certain personal data (such as your name, contact information, and interaction data) when you use the Website, submit a form, or contact us;
- B. We will process your personal data only for specified, explicit, and legitimate purposes, such as responding to inquiries, improving the Website, and fulfilling our legal obligations;
- C. We implement reasonable and appropriate technical and organizational measures to protect your personal data against unauthorized access, loss, or misuse;
- D. We may transfer personal data to trusted third-party service providers (e.g., cloud hosting, analytics tools), strictly in accordance with applicable data protection laws and subject to appropriate safeguards;
- E. You have the right to access, correct, delete, or restrict the processing of your personal data, and to object to certain processing activities as provided under applicable law.
Important Notice: while we take reasonable steps to ensure the security and confidentiality of your data, no transmission or storage system can be guaranteed to be fully secure.
YOU ACKNOWLEDGE AND ACCEPT THE INHERENT RISKS OF TRANSMITTING DATA OVER THE INTERNET AND AGREE THAT THE COMPANY SHALL NOT BE HELD LIABLE FOR ANY UNAUTHORIZED ACCESS OR LOSS OF PERSONAL DATA THAT OCCURS DESPITE OUR REASONABLE EFFORTS.
For further details, please refer to our full Privacy Policy. If you have any questions regarding your personal data or your rights, you may contact us using the details provided on the Website.
5. DISCLAIMERS
The Website and all content, information, and materials available through it are provided on an "as-is" and "as-available" basis, without any warranties, representations, or guarantees of any kind, either express or implied.
To the maximum extent permitted by applicable law, the Company expressly disclaims all warranties, express or implied, including but not limited to:
- A. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
- B. WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, SUITABILITY, OR AVAILABILITY OF THE WEBSITE OR ANY OF ITS CONTENT;
- C. WARRANTIES THAT THE WEBSITE WILL OPERATE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED;
- D. WARRANTIES THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
The Website is intended for general informational purposes only and does not constitute professional, legal, financial, or other specific advice. You are solely responsible for any decisions or actions you take based on the information provided on the Website, and you should consult qualified professionals where appropriate.
6. LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, the Company, including its affiliates, directors, officers, employees, agents, licensors, and service providers, shall not be liable for any kind of loss or damage, whether direct or indirect, incidental, special, consequential, or punitive, arising from or connected to:
- A. Your access to or use of, or inability to access or use, the Website;
- B. Any reliance you place on the information provided on the Website;
- C. Any inaccuracies, omissions, or outdated content;
- D. Any viruses, malware, or other harmful components transmitted via the Website;
- E. Any unauthorized access to or alteration of your data or communications;
- F. Any third-party content, services, or websites linked from the Website.
This limitation applies regardless of the legal grounds for the claim, whether in contract, tort (including negligence), strict liability, or otherwise, even if we were aware, or should have been aware, that such damages could occur.
Where full limitation of liability is not enforceable under applicable laws, our liability will be restricted to the minimum amount required.
We are committed to operating this Website in good faith, with respect for users and in line with responsible business practices. However, by using the Website, you acknowledge and agree that:
- A. You use the Website at your own risk;
- B. We are not responsible for any damage to your devices or loss of your data;
- C. Your sole and exclusive remedy if you are dissatisfied with any part of the Website is to stop using it.
7. INDEMNIFICATION
To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless the Company, its affiliates, directors, officers, employees, agents, licensors, and service providers (collectively, the “Indemnified Parties”) from and against any and all claims, demands, liabilities, damages, losses, costs, and expenses (including reasonable legal and accounting fees) arising out of or in connection with:
- A. Your use of or access to the Website;
- B. Your breach of this Agreement or any applicable law or regulation;
- C. Your violation of any rights of a third party, including intellectual property, data protection, or privacy rights;
- D. Any content or material submitted, posted, transmitted, or otherwise made available by you through the Website;
- E. Any misuse or unauthorized use of the Website through your account, device, or network connection.
YOUR OBLIGATIONS UNDER THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT AND YOUR USE OF THE WEBSITE.
This clause reflects our commitment to responsible digital operations and to ensuring that all users engage with the Website in a lawful, respectful, and secure manner. By accepting this Agreement, you acknowledge your duty to use the Website in a way that does not cause harm to others, the Company, or the broader digital environment.
8. GOVERNING LAW AND JURISDICTION
This Agreement and any dispute or claim arising out of or in connection with it, including its interpretation, formation, performance, or termination, shall be governed by and construed in accordance with the laws of the Republic of Turkey, without regard to its conflict of laws principles.
By using the Website, you irrevocably agree that the courts of Istanbul (Central) shall have exclusive jurisdiction over any dispute or claim arising out of or in connection with this Agreement or your use of the Website.
We make no representation that the content of the Website is appropriate or available for use in other jurisdictions. If you access the Website from outside Turkey, you do so at your own risk and are responsible for compliance with local laws.
9. CHANGES TO THE AGREEMENT
We reserve the right, at our sole discretion, to modify or update this Agreement at any time, in order to reflect changes in our legal obligations, business operations, evolving technologies, or the needs and expectations of our users and stakeholders.
Any modifications will take effect upon being published on this page, accompanied by an updated “Effective Date” at the top of this Agreement. We encourage you to review this page periodically to stay informed.
Where changes are material, and in line with our commitment to transparency and responsible governance, we will make reasonable efforts to provide clear notice.
- For example, via a prominent banner or a dedicated update section on the Website, as required by applicable law.
Your continued use of the Website following the publication of changes constitutes your acceptance of the revised Agreement. If you do not agree to the updated terms, your sole remedy is to discontinue using the Website.
We reserve the right to modify or suspend the Website (in whole or in part) without prior notice and without liability, except as required under applicable law.
10. CONTACT INFORMATION
We value responsible and open communication. If you have any questions, feedback, or concerns regarding this Agreement or your use of the Website, you may contact us at:
VİVA MARKETİNG İT OPERASYON VE YÖNETİM DANIŞMANLIĞI LİMİTED ŞİRKETİ
As part of our commitment to environmental and social responsibility, we aim to handle all inquiries in a timely and respectful manner, promoting a user experience grounded in trust and good governance.
If you prefer to send a physical letter, please address it to the company's registered address. However, please be aware that sending physical mail introduces additional risks, such as potential delays in delivery, loss, or unauthorized access to your letter during transit. While we will make every effort to acknowledge receipt and respond in a timely manner, we recommend using digital communication channels (such as email) for faster and more secure handling of your inquiries, particularly when dealing with sensitive personal data.
